People who own and operate grocery stores in Maryland owe a fairly substantial duty of care to every person who lawfully visits their establishment. This duty requires them to take reasonable care of their property to minimize the risk of a customer getting hurt while visiting. However, the question of whether this kind of business owner could be legally liable for a medical emergency on their land is a more challenging one to answer, especially in light of recent changes to Maryland state law.
If you or someone who loved experienced cardiac arrest while grocery shopping, you may have grounds to pursue civil litigation if there was no functioning automated external defibrillator (AED) on site. Even in this scenario, getting fair financial recovery after a heart attack in a Maryland grocery store will be far from a simple process. Seeking help from a knowledgeable premises liability attorney should be a priority.
Are Grocery Store Owners Liable for Heart Attacks on Their Property?
Generally speaking, property owners are not considered legally liable for medical emergencies that happen to occur on their property—just like they are not automatically liable for every injury on their property that occurs through a preventable accident. Grocery store owners and customers almost always have immunity from civil liability for any action they take while trying to resuscitate a cardiac arrest victim by using an AED, thanks to Maryland’s “Good Samaritan” laws.
However, the passage of the “Joe Sheya Act” into law in 2023 means that after January 1, 2024, all grocery stores in Maryland making over $10,000,000 in gross yearly income are required by law to:
- Purchase an AED
- Keep that AED someplace where it is easily accessible to both employees and customers
- Ensure that AED is maintained in good working condition and tested regularly
Any grocery store in Maryland that fails to comply with this requirement may be legally liable for harm stemming from a cardiac arrest that occurs on the premises.
Recovering Fairly for All Available Damages
If a heart attack in a Maryland grocery store can serve as valid grounds for civil litigation, the named defendant(s) in an ensuing civil claim would be liable for all short-term and long-term negative effects their actions will have on anyone injured. For example, suppose someone suffers cardiac arrest in a store without an AED and has to be hospitalized afterward because they were not quickly defibrillated. In that case, that person might be able to demand restitution from the grocery store for their medical bills and other physical, financial, and personal losses.
Unfortunately, failure to defibrillate quickly following cardiac arrest often has fatal repercussions. In a scenario like this, surviving family members of a deceased cardiac arrest victim may be able to seek compensation for their own ensuing losses, including:
- Lost future financial support
- Lost love and companionship
- Lost household services
- Emotional anguish and suffering
Contact a Maryland Attorney for Help with a Grocery Store Heart Attack Claim
Cardiac arrest can be life-threatening no matter where it occurs, but having an AED nearby can dramatically improve a cardiac arrest victim’s chances of survival. If a grocery store failed to fulfill its legal obligation to have a functioning AED on site, which led to you or your family member sustaining avoidable harm, its owners may be liable for your ensuing losses.
Guidance from a capable legal professional can be vital to achieving a favorable result from litigation built around a heart attack in a Maryland grocery store. Call Price Benowitz today to learn more.
